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The Research Of Labor Dispatch

Posted on:2015-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:H M ShiFull Text:PDF
GTID:2267330422969571Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Labor dispatch is defined by a new form of labor using which singed the labor contractsbetween the dispatch unit and workers, the actual payment of labor is between workers andemployers.In this form,the labor using and employment separated.The main purpose of thisarticle is to analyze and research the labor dispatch system.The industry of labor dispatch originated in the United States.Since the late twenties ofthe last century,labor dispatch has been through from occurred to a worldwide high level ofapplication.From the late1940s to the early1950s, Belgium, France, the United Kingdom, theNetherlands, Norway and some other places have appeared as part labor dispatch applicableacts.Until now, France, Britain, the United States, Belgium, Luxembourg and Netherlands andsome other frontline developed countries have more mature labor dispatch market andregulation;Austria, Germany, Norway, Denmark, Finland, Portugal, Greece and some othercountries are still developing;Eastern Europe, the Far East, Africa, South America and parts ofAsia are just emerging.Due to the geopolitical reasons, most of Asia labor dispatch rises lateand develops uneven.In the late twentieth century,labor dispatch comes into China mainland.With the reformand opening up,as the economic development has entered a new stage of industrialization, thetransfer of rural labor to urban scale increasing, meanwhile,in the town,oversupply of laborproblems surge in,from the point of view of survival and development,enterprises have toreduce personnel costs in order to enhance the core competitiveness.Against thisbackground,labor dispatch becoming an important form of employment.In2008,the new"Labor Contract Law" promulgated, contents clear position "Labor Dispatch" of theindustryand through the provision of labor dispatch industry works were part of therequirements.By the provisions of the labor dispatch industry works were part of theregulations and procedures to improve the access threshold for labor dispatch of the industry,which greatly limits the labor dispatch company irregularities in operation, to protect theinterests of workers; later, in2014promulgated the "Labor Contract Law (amendment)," in the old "Labor Contract Law" based on further labor dispatch standardization has beenstipulated. However, there are still laws labor dispatch room for improvement; circumvent thelaw labor dispatch case still occur. This paper attempts to explore the domestic andinternational labor dispatch legislation for improving the status of domestic legislation tomake some contribution.This paper is divided into five chapters:The first chapter, mainly the concept of discrimination labor dispatch, labor dispatch bycomparison with the related concepts, the relationship between the parties labor dispatchinternal discrimination, what is clear labor dispatch and labor dispatch characteristics;The second chapter, on the origins of labor dispatch, developing conduct research,analyze, understand the current situation through labor dispatch, the national developmentprocess, the situation on the labor dispatch background studies analyze;The third chapter, on the theoretical basis and practical significance labor dispatch parsethrough the labor dispatch basic discrimination theory to analyze labor dispatch system toprovide theoretical support; through practical significance for the labor dispatch ofdiscrimination, it does have obtained in our subsisting necessary conclusions;The fourth chapter, through the labor dispatch of the employer’s liability to summarize,compare employers’ liability general labor law sense, a clear allocation of responsibility forlabor dispatch the employer;The fifth chapter, through the previous theoretical analysis, comparing our reality, tryingto improve how our labor dispatch system a few suggestions.
Keywords/Search Tags:labor dispatch, legislation, research, regulations perfect
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